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Society Registration

   Download Society Registration Application Form


General indicative Guidelines for Registration of a Society Under Societies Registration Act,1860.


The societies Registration Act, 1860, as its preamble shows, has been enacted to make provisions for improving the legal condition of societies established for the purposes given under Section 1 to 20 of the Act. Society registered under this Act, acquires the legal status and is also capable to sue and be sued under Section 6 of the Act.

  1. The purpose given under section 20 of the act are: charitable socities, military, orphan funds or societies established for the promotion of science, literature or fine arts, for instructions, diffusion of useful knowledge, the foundation or maintenance of libraries or reading rooms for general use among the members or open public museum and galleries of paintings and other works of art, collection of natural history, collections of instructions or designs, promotion of social welfare, sports, games,activities conducted to the protection and improvement of natural environment( including forest,lakes,rivers,wild life and compassion for living creatures).
  2. Only the societies formed for the purpose laid down under sections 1 to 20 of the act and having those purpose as their aims and objects may be registered under the act.
  3. Name of the society should such as does not attract the proviso's of "Names and Emblem act (P.I.U.) Act, 1950.'The name proposed should not suggest or be calculated to suggest, the patronage of the government of India or the government of state or connection with any legal authority under any law for time being under force.
  4. The Names and Emblems Act, 1950 prohibits the use of any name, emblems, official seals, and colourable imitation thereof as specified in the Act, without previous permission of competent authority. It also prohibits the use of name of National Heroes and other names mentioned in the Act. The societies are therefore advised to consult this act also before proposing the names etc for registration.
  5. Further if the proposed name is identical with that by which any other society has been registered or nearly resembles such names as to likely to deceive the Public or the members of the society such names may not be registered.
  6. Two main separate documents are required to be filed under section 2 of the societies Registration Act, 1860 for registration of society which are listed below and those should be necessary filed in duplicate:
    1. Memorandum of Society
    2. Rules and regulations.
  7. For carrying out the Aim and Objects given by the Memorandum and for internal management of the society, Rules and Regulations may be made by the society and these rules are known as the rules and regulations of the society. The Rules and Regulation of the society must be filed along with the Memorandum with the Registering Authority for the purpose of the registration of the society. If the Rules and Regulation of the Society are inconsistent with the provisions of the Act, they are invalid and the fact that they are filed with the Registration Authority for the purpose of registration cannot make them valid.
  8. Once in every year a list of the office bearers and members of Governing Body of society shall be filed with the Additional Registrar of societies, as required under Sec.4 of the societies Registration Act of 1860.
  9. Memorandum of the society defines the permitted range of its enterprises. The aims and objectives for which the society is formed have to be incorporated in the memorandum.
  10. He society should carefully understand the aims and objects incorporated in the Memorandum.
  11. Desirous persons or the persons subscribing the names to the memorandum should not be I in any case) less than seven.


Format of Memorandum of Association


Name of society:
  The name of the society shall be ………………….


Registered Office:
  Register office of the society shall remain in the …………………(mention here state) and at present it is at the following address:


Aims and objects: -
  The aims and objects for which the society is established are under:
   a.
   b.
   c.
   d. And so on...........


Governing Body:
  The names, addresses, occupation and designation of the present members of the governing body to whom the management of the society is entrusted as required under section 2 of the societies Registration Act, 1860, are as follows:



S.No. Name (Full in Capital) Addresses Occupation Designation in the society
1.        
2.        
3.        
4.        
5. And so on.........      

Desirous person:
  We the undersigned are desirous of forming a society namely "…………………" under the Societies Registration Act, 1860 in pursuance of this Memorandum of Association of the Society.


S.No. Names (Full in Capital) Addresses Signatures Occupation
1.        
2.        
3.        
4.        
5. And so on.........      

Witness along with Address
................................................
................................................
................................................

NOTE: 1. The memorandum should close here. Following paragraph should be added as last paragraph of clause 3 hereof:

"All the income, earning, movable or immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects only as set forth in the memorandum of association and no portion thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profit or in any manner whatsoever, to the present or past members of the past member. No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profit, whatsoever, by virtue of his membership".



Format of Rules and Regulations

Rules and Regulation

  1. Name of society.
  2. Membership defined.
  3. Admission and Qualification for membership.
  4. Subscription.
  5. Cessation of membership.
  6. Rights and privileges of Membership.

General Body

  1. General body defined.
  2. Powers and duties/function of the general body.
  3. Quorum and notice of meeting and periodicity of meeting.

Managing/Governing body/Executive.

  1. Managing/Governing body/Executive Committee defined.
  2. Composition.
  3. Minimum and maximum strength including office-bearers.
  4. Election and its mode.
  5. Term of the office of the governing body.
  6. Powers/ duties/functions of the managing/governing body/committee.
  7. Powers and duties of the office-bearers.
  8. Quorum and notice of the meeting.
  9. Filling up of casual vacancies.

Sub-Committee, if any

  1. Formation.
  2. Composition.
  3. Duties and functions.

Sources of income and utilization of funds 6. Financial Year



Audit of Account



Operation of bank Account



Annual list of Managing/Governing body/(Sec.4of the act)



Once in every year a list of office-bearers and members of the Managing/Governing body shall be filed with the Registrar of societies, as required under section 4 of the societies Registration Act, 1860.


Legal Proceedings (Section 6 of the Act)



The society may sue or be sued in the name of the President/Secretary as per provision laid down under section 6the Societies Registration Act, 1860.

Amendment/alteration, extension or abridgement of abridgement of 'purposes' aims and objects or change of name, section12 and 12A of the Societies Registration Act. The amendment shall be made under this section.


Dissolution and adjustment of affairs.



If the society need to be dissolved it shall be dissolved as per provisions laid down under section 1d3 and 14 of the Societies Registration Act, 1860.


Application of the act.



All the provisions under all the sections of the societies Registration act, 1860 shall apply to this society.



Certificate.



Certificate that this is the correct copy of rules and regulation of the society.


    SD/-                             SD/-                             SD/-
(president)                 (Secretary)                  (Treasuter) 



Specimen of Covering Letter


The Registrar of Societies,
…………………………...
Sir,
Re: Registration of a society under the name……………………………………….
A society by name ………………………………………………………………………..
Has been formed on ………………………………………………………………………
I…………………………………….have been elected its first secretary and have been Authorized to complete the formalities of registration.

Please find herewith enclosed
    (1) Two copies of memorandum duly singed and completed.
    (2) Two copies of rules and bylaw of the society.
    (3) Affidavit duly attested.
    (4) Registration fee of Rs. 500/-in cash.
    (5) Copy of resolution

Please register the society under the Societies Registration Act, 1860 and issue a Certificate of Registration.
I have been authorized by the society to sign this application on behalf of all the Subscribers of Memorandum.

       Thanking you
                                                            Yours faithfully



(Speciman of Affidavit Which Should Be Given By President or The General Secretary Who is Represting the Society for Registration)

AFFIDAVIT


I, …………… ………………….S/O W/O D/O ……… ……… ………………… R/O ……… ………… ………… ………… …………………… ……………… do hereby solemnly affirm and declare as under:

  1. That I am the President/ General Secretary of the proposed society, namely…… ………… …………… …………… ……………… ……………… …………… ……..
  2. That to the best of our knowledge and belief, the name of the proposed society is not identical nor resemble to any other society in our area/locality.
  3. That if the name of this proposed society was found identical or resembling closely to any other society which are already registered under Society Registration Act in the Moga district or elsewhere in any other state, the society undertake to abide by the provision of the societies registration act,1860 and the Registration so granted shall be deemed to have been withdrawn/cancelled automatically, if the society fail to change the name within given time to do so.
  4. That the Desirous persons are not related to each other by way of blood relation or otherwise.
  5. That I shall submit the required returns annually by the given date.
  6. That I will abide by all the relevant act of socities registration act of 1860.

Deponent…………………



Verified at………………on this……………….day……………that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

Deponent…………………



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